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HomeMy WebLinkAbout20071363 Ver 1_401 Application_20070807WITHERS RAVENEL ENGINEERS I PLANNERS I SURVEYORS 704o WRIGHTSVILLE AVENUE, SUITE ioi WILMINGTON, NORTH CAROLINA, 28403 (9io) 256-9277 FAX (9io) 256-2584 T0: NC Division of Water Quality uoi Wetlands Unit 2321 Crabtree Blvd Raleigh, NC 27604-2260 WE ARE SENDING YOU ^ Shop Drawings ^ Copy of Letter ®Attached ^ Prints ^ Change order 07-1363 ~C~~~Q Oo C~ ~° ° [~~f1v~~~Q~ pp~ O8/0 /O JOB NO. 030]00 .O1 nrrENnoN Ms. Beverl Strickland PNONE # RE: Laurenbrid e Subdivison NWP A lication YMEf ^ Under separate cover via ^ Plans ^ Samples ^ Diskette ^ COPIES DATE N0. DESCRIPTION 6 08/0 /0 0 0 00 .os NWPs 2 and PCN THESE ARE TRANSMITTED as checked below: ® For approval ^ Approved as submitted ^ For your use ^ Approved as noted ^ As requested ^ Returned for corrections ^ For review and comment ^ ^ FOR BIDS DUE 20 ^ PRINTS RETURNED AFTER LOAN TQ~ ~ ~ ~'."~t~l~ ~..~ REMARKS: `" ~ trl ~ ~ - Z O l 'JEN~2 - Wt~TER t1a,~ALi i'Y Signature• Date: COPY TO: File SIGNED: Troy Beasley /f enc%sures are not as noted, kind/y notify us at once. ^ Resubmit ^ Submit ^ Retum copies for approval copies for distribution corrected prints the following items: ^ Specifications WITHERS c~' RAVENEL ENGINEERS I PLANNERS I SURVEYORS August 7, 2007 US Army Corps of Engineers Regulatory Field Office Attn: Ms. Jennifer Frye 69 Darlington Avenue Wilmington, NC 28403 Re: Laurenbridge Subdivision Previous AID# 200500625 W&R Project #03070034.01 Dear Ms. Frye and Ms. Strickland, PAYMEi~T RECEIVED On behalf of Masonboro Sound Development, LLC., we are requesting authorization from the USACE and DWQ to utilize a NWP 29 for the placement of fill into 0.425 acres of Section 404 jurisdictional wetlands and a NWP 33 for 0.237 acres of temporary wetland impacts for the construction of the proposed project. A copy of this PCN has also been provided directly to Ms. Joanne Steenhuis in the DWQ Wilmington Field Office. The site is located on in the northwest quadrant of the intersection of Foxwood Lane and Chalice Lane, south of Wilmington, in New Hanover County. The project is approximately 14.12 acres in size and is located in the Cape Fear River basin. The wetland delineation was reviewed and approved by Ms. Jennifer Frye on July 21, 2005 (AID #200500625). A copy of the signed JD Survey has been provided as an Appendix to the enclosed PCN. The current request is for 0.425 acres of impacts to Section 404 jurisdictional wetlands (see the attached maps and PCN for details). Please feel free to call if you have questions or require additional information. Sincerely ~ 0,~~ z.~~~~~ Troy Bea~ey ~!!~~ ~ ~ ~~~~ Environmental Scientist f)ENf~ -WATER UUALlTY 'METtANn3 p;~p 5TOtt~,~v„4TFR 9RMICH Attachments: NWP 29/33 PCN Cc. Joanne Steehuis -DWQ Wilmington Field Office Beverly Strickland -DWQ - 401 Wetlands Unit NC-Division of Water Quality 401 Wetlands Unit Attn: Ms. Beverly Strickland ~ 7- 1 3 6 2321 Crabtree Blvd. Raleigh, North Carolina 27604-2260 704o Wrightsville Avenue, Suite ioi Wilmington, North Carolina 28403 tel: 9io-z56-9277 fax: 9io-256-2584 www.withersravenel.com Office Use Only: Form Version March OS USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter °NOt tippucante~ or -ivies .~ rAY~!E(~- I. Processing REr DIVED o 7- ~ s s 3 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ^ Riparian or Watershed Buffer Rules ^ Section 10 Permit ^ Isolated Wetland Permit from DWQ ® 401 Water Quality Certification ^ Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 29 and NWP 33 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ^ 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Azea of Environmental Concern (see the top of page 2 for further details ~~ ' ~ 6 K~~`~ ~ ~~ II. Applicant Information aa ~~ ~ ;~ .-_ Loo ~ t,~~ pp t~~~~ ., war ~~ Qu~t"irr 1. Owner/A licant Information Name: Masonboro Sound Partners LLC y,~~yDgA~~DSTO~?~vA~RBRA~~ Mailing Address: 3811 Peachtree Ave Suite 300 Wilmins~ton NC 28403 Telephone Number: 910-202-5555 Fax Number: 910-202-5558 E-mail Address: 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Troy Beasley Company Affiliation: Withers and Ravenel Mailing Address: 7040 Wrightsville Ave Suite 101 Wilmington NC 28403 Telephone Number: 910-256-9277 Fax Number: 910-256-2584 E-mail Address: tbeasley(a~withersravenel com Updated 11/1/2005 Page 1 of 9 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Laurenbridge 2. T.LP. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): R07100-004-008-002; R07100-004-008-001 4. Location County: New Hanover Nearest Town: Wilmington Subdivision name (include phase/lot number): Directions to site (include road numbers/names, landmarks, etc.): Headed south on College Road make left onto Holly Tree Road• make a right onto Masonboro Loop Road; make right onto Foxwood Lane Project is located in the northwest quadrant of the intersection of Foxwood Lane and Chalice Lane. 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 34.1473 °N 77.8812 °W 6. Property size (acres): 14.12 7. Name of nearest receiving body of water: Mott Creek 8. River Basin: Cape Fear (Note -this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http•//h2o.elu.state.nc.us/admii~/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: The proiect site consists of undeveloped land. The land use in the vicinity of the~pro~ect site is sin lg e family residential subdivisions. Updated 11/1/2005 Page 2 of 9 10. Describe the overall project in detail, including the type of equipment to be used: The project will consist of a residential subdivision. Standard commercial construction equipment will be used to construct the proposed project 1 1. Explain the purpose of the proposed work: The ~roiect purpose is meant to meet the rg owing_demand for residential housing in New Hanover Countv. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. The onsite wetlands were reviewed and and approved by Ms. Jennifer Frye with the Corers of Engineers on March 24 2005 (AID#200500625). A copy of the JD tearsheet and signed wetland map has been provided as Appendix 1 V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. There are no future hermits anticipated for theproposed project VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. Updated 11/1/2005 Page 3 of 9 1. Provide a written description of the proposed impacts: The proposed project will result in 0 425 acres of permanent wetland impact and 0 237 acres of temporary impacts to 404 wetlands for the construction of the connector road the access roads and construction of the Storm Overflow Drawdown Stem 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, -.,col., l;ot ;mr~a~tc ~nP try tenth etrnrtnrP anll fl(1(1C11YIS~_ .,., ..._ --v --~- ----r---- -- - Located within Distance to Area of Wetland Im act p Type of Wetland 100-year Nearest Impact Site Number Type of Impact (e.g., forested, tnarsh, Floodplain Streatn (acres) (indicate on map) herbaceous, bog, etc.) (es/no) (linear feet) Wetland A Permanent Fill Forested No (3300 If 0.011 ac Wetland B Permanent Fill Forested No X3300 if 0.380 ac Wetland B Temporary Impacts Forested No 13300 if 0.042 ac Wetland. D Permanent Fill Forested No (3500 if 0.034 ac Wetland D Temporary Impacts Forested No (3500 if 0.195 ac Permanent 0.425 ac Total Wetland Impact (acres): Temporary 0.237 ac 3. List the total acreage (estimated) of all existing wetlands on the property: 3.78 acres 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams ,~~ t,o ;,,..1,,.ao.a ~r„ ralrnlatP arraaaP Yn„lt;nly lenuth X wihth_ then divide by 43.560. Stream Impact v Number (indicate on ma) ~N ~ Stream Name u Type of Impact l y .. Perennial or Intermittent? Average Stream Width Before Im act Impact Length (linear feet) Area of Impact (acres) NOT APPLICABLE Total Stream Impact (by length and acreage) Updated 11/1/2005 Page 4 of 9 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to f;lt A.~.•~~~at;r.n rlrPrlaina flnntlinu clrainage_ bulkheads. etc. Open Water Impact Site Number (indicate on ma) ~ Name of Waterbody ~f a Lcable ~ pp ) T e of Itn act yp p Type of Waterbody Iake, pond, estua sound, ba , ~ rY> y ocean, etc.) Area of Im act p (acres) NOT APPLICABLE Total Open Water Impact (acres) 6. List the lat;ve impact t~ all Waters of the U.S. resulting from the project: Stream Impact (acres): Permanent Impacts Wetland Impact (acres): Temporary Impacts 0.425 ac 0.237 ac Open Water Impact (acres): Total Impact to Waters of the U.S. (acres) Total Stream Impact (linear feet): 7. Isolated Waters Do any isolated waters exist on the property? ^ Yes ®No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Current land use in the vicinity of the pond: Size of watershed draining to pond: Expected pond surface area: Updated 11/1/2005 Page 5 of 9 VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. See Appendix 2 VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http•//h2o enr state.nc.us/ncwetlands/strm~ide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. Mitigation for 0 425 acres of permanent impacts and 0 237 acres of temporary impacts to 404 wetlands will consist of the preservation of 3 35 acres of onsite wetlands remaining in the post development condition The post-development wetlands will be preserved through the Updated 11/1/2005 Page 6 of 9 implementation of the Restrictive Covenant as discussed in Section VII of this application. In addition to the onsite preservation 0 50 acres of wetland mitigation will be purchased from the Ecosystem Enhancement Program A copy of the Letter of Reservation has been provided as Appendix 4 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http•//h2o enr state.nc.us/wrP/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount ofNon-riparian wetland mitigation requested (acres): 0.50 Amount of Coastal wetland mitigation requested (acres): IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ^ No 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ^ No ^ If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^ X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC Updated 1 ]/1/2005 Page 7 of 9 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ^ No 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. * Impact Required Zone ,_ __ _ ~ ~~ Multiplier rn;*;, ,+;~„ 1 3 (2 for Catawba) 2 1.5 Total * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0244, or .0260. XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. In the existing condition, there is no impervious surface The site plan proposes the total impervious surface to be greater than 20%, and will require a state stormwater permit Onsite stormwater will be treated in a high density stormwater treatment system consisting of a wet detention~ond A State Stormwater Permit application will be submitted to DWQ for final approval of the stormwater management system. XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Sanitary sewer provided by New Hanover County XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ^ No Is this an after-the-fact permit application? Yes ^ No Updated 11/1/2005 Page 8 of 9 XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ^ No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on -our website at http•//h2o enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: Thy, proposed project is being developed within an existing residential area and is completely surrounded by existing development Therefore the project will not result m addrtlon develo ment within the area. XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). ~~_ ~_ ,~` (Agent's si Updated 11/1/2005 Agent's Signature 1~ate is valid only if an authorizatia~ letter from the applicant is provided.) Page 9 of 9 AGENT AUTHORIZATION AUTHORITY FOR APPOINTMENT OF AGENT The undersigned owner(s), Andrews Consulting Engineers do(es) hereby appoint Troy Beaslev / Withers &Ravenel. Inc. as his, her, or it's exclusive agent for the purpose of petitioning the appropriate local, state and federal environmental regulatory agencies (US Army Corps of Engineers, NC Division of Water Quality, NC Division of Coastal Management, etc.) for: a) review and approval of the jurisdictional boundaries of onsite jurisdictional areas (wetlands, surface waters, etc.) and/or; b) preparation and submittal of appropriate environmental permit applications/requests for the Hunters Chase project. The owner does hereby authorize that said agent has the authority to do the following acts on behalf of the owner: (1) To submit appropriate requests/applications and the required supplemental materials; (2) To attend meetings to give representation on behalf of the Client. (3) To authorize access to subject property for the purpose of environmental review by appropriate regulatory agencies. This agreement shall continue in effect until completion of the contracted task or termination by the prope'rt/y owner. Date: '+~`~G~ 8/ ~~~ Agent's Name, Address & Telephone: Signature of Owner(s): Nom. w. Aw~>c~w Trov Beaslev /Withers &Ravenel, Inc. 7040 Wrightsville Avenue, Suite 101 Wilmington. NC 28403 ~~rinti~), ~ (Title) r, 4/' (Signature) Tel. (910) 256-9277 '1 ,,/ YV ~if~' (C-ount"y,~North Carolina I, ~~°~~,;f,~~'` ~„ WLDS~tiY , a Notary Public of the County and State aforesaid, certify that ~~!~~~--~~~,;~j~,;pgrsonally appeared before me this day and acknowledged the execution of the fore~~ain~, igstrtlf-}efitl=,~~ Witness my hand and offici I seal, this day of MaL+IGLI ~4~ ,s (Official, a~ or stamps ~, ~ ~ `~ ~^ ary Public C M1 M :r~~ a .:~.. : ' ;_ ~ ~ ; ~~t ~r1h Webs-k~' o' ~~~ ,= .a .~ My commission expires ~ 0%r-A~Vr ~ , 20~. /: r~ i f ' ~ ti..~ w r ., "` ` ~ D `n ~ ~ c D , ~ ~ ~ ^ . 4..5 ~f ~ :. ~~ F ~~~ ~ I F~ r~~ * O f'- ' ~i. ;• '_ O ~ ~ ~+S ~ ~F ~ ;~ ~.l.L M ~ A~A'' Jr'~e _ " V':: .'~ a. TZI Z S f ' i ,r t rq < r� '� _ n� ` � � • _ gip:,/. aYf � T� ^if' •�� m rq6 O rq r � '.• :. •", ,-.� ' , i�.'„ � moi- �b j .. � � +.� � + , {�,•�.J`/s� ,�• ;� t�` :r .,��. .�, yam, �' ��r JA f •^ iii -j 2 _ T , '.i + _ �Y s X- � r Y - r 1 . .i;•:,; , • � � S!� ',ice -y ..r a' Q. i rr i,� `.'A..�� � .�.. 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Wilmin ton uadran le N --~_ ~\_ ~~~~ g q 9 .ice .'~j ~ ~~ WITHERS ~ RAVENED. 34.1473N; 77.8812W + ~ ~-~_~==~• -ir~~. .~ ~~ • e~ S r ' ENGINEERS I PLANNERS I SURVEYORS ~' ~ `~ _ •~ ~~ , 10<O WrIgM1ISVIIk Avenue SuNe 101 Wllmington, NC 28dOJ Ie1: 910.258.93]] taz: 910 BG28019 %~ 0~~`J~ ~„ .,, '` I ,'` r ;;Y ~ (! ~ r / e. s: <; 4S< 1 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. 200500625 County: New Hanover U.S.G.S. Quad: Wilmington NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Agent: Burnette Sanders Address: 417 Sanders Way Wilmington, North Carolina 28412 Telephone No.: Property description: Size (acres) appa.14.13 Nearest Town Wilmington Nearest Waterway UT to Mott Creek River Basin Cape Fear River USGS HUC 03030001 Coordinates N 34.1473 W 77.8841 Location description The two tracts are located at 322 and 350 Masonboro Loop Road, south of Woods Edge Drive, in wetlands adiacent to an unnamed tributary to Mott Creek, south of Wilmington, North Carolina. Indicate Which of the Following Apply: _ Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). _ There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination maybe relied upon for a period not to exceed five years from the date of this notification. X There are wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. _ The wetland on your property have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas s»bject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. X The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on 6/21/2005. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Wilmington, NC, at (910) 395-3900 to determine their requirements. Page 1 of 2 A r~ctionID: Q?oo5Od(o~5 Placement of dredged or fill material within waters of the US and/or wetlands without a Deparhnent of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Jennifer S. Frye at 910-251-4923. Basis For Determination: This site exhibits wetland criteria as described in the 1987 Corns Wetland Delineation Manual and is adicent to an unnamed tributary to Mott Creek, a tributary to the Cape Fear River, a navigable water of the United States. This determination is based on information submitted by The Clark Group and a site visit by Jennifer Frye on 3/24/2005. Remarks: Noelle Lutheran, DENR-DWO Wilmington Regional Office, 127 Cardinal Drive Ext, Wilmington, NC 28405 The Clark Group -Environmental Division. 5000 Blue Clav Road, Castle Hayne, NC 28429 Carlotte Dixon Sanders, 3700 Masonboro Loop Road, Wilmington, NC 38409 Louise B. Dixon, ETAL,c/o Geraldine Durant, 3708 Masonboro Loop Rd., Wilmington, NC 28409 Corps Regulatory Official: ,~ ~ /`----'--" Date 07/21/2005 Expiration Date 07/21/2010 FOR OFFICE USE ONLY: • A plat or sketch of the property and the wetland data form must be attached to the file copy of this form. • A copy of the "Notification Of Administrative Appeal Options And Process And Request For Appeal" form must be transmitted with the property owner/agent copy of this form. • If the property contains isolated wetlands/waters, please indicate in "Remarks" section and attach the "Isolated Determination Information Sheet" to the file copy of this form. Page 2 of 2 11flCATE aF ACCURACY Ae MAPPING iWd B. Floyd, do certify that this plat were drawn under wperylefon f-em an actual wrwy made under m `LL``~ "CARO a'%. t ( ~ y wvlebn (deed delelxlptllin reoarded M Deed Book 1037. q r. .. ~ ,,~ ~'r0 o4E4Sro~ yyy+ p 683; and Dsed Book 1035, page 14} that the idorla not wrveyyeWd errs pearl Indlaated• that the rotlo ~ .f y ~f,A' ~ ~ y ~reelelon ere ealfnAated H 1:10 000; that thb plot were [l1L ~ e , erred M aceordanae with O.S. 47-30 ere amended. ~ 7MO ~ + _ ea my orlgtnal elgnoturq, Ilwnn number and .eel thb s k'1D ~4f do of Jut A.D., 2 Y Y. ~ Qy 'ti.........-•' ,.p ~~ '4',a~~ ~ O,`` /rife 'V OnBin ` D d B. Floyd PLS 3810 ES: lundary Infamatlan referencetl to Map Book 18, Paps 1; and Book 7, Poge 58. iN Parcel H): R07100-004-008-001 d4 R07100-004-OOB-002 I N.C. Orld monument within 2004 feet of thb property. orwe figured by coordinate method. dbtancp ore horizontal meowrementa ile property b eublect to any and all easements right of way., 9rt tt1N1 pr Implied. Irwy ro8sete enleting candltlane an dots of wruey. Ib Property shown hereon b not located b a Bood hazard s. Cammtmlty Panty /370188 0080 "E'. 1 Revteed: September 3, 1882. WeUande IdentMed on this plat wM located ig c ltlmbb Geo XT GPS Replvrr which yen dlffarentlally corrected C/A poNttone to me~acwracy.oa-o.a`oond by second bwla Ad .Floyd P.LS ~ eject No.: (04114WETLANDS) 1RPS CERTIFICATION I art)Ra clot tbM Dopy of UIM plat aoolNatdy fob Bee balndwy of the julMdlnBal of Seotlwl V at Ule Clean Weir Af:6 punuanl b the /g87 pe of t'ipfnewe Wetlalde DdMealMn Yenual, a erlniled by ere ondwelpled an BIM dole Unle~ Ie M o ldlonge h the t9w of alw puMldled niu- me, tlIN dehlnilalbn d Seellon 104 juMdelbe y~ Md upm for a peAOd of BLe ran Oem /AINIy aP ~~e Oleell _ __ ~ 1 ~~~ aoo~'oo V ~5 C> °~ SITS ~~ NOT TO 90111E Ler~end 0 aa9nrlo nail Pre (ir) • NEW IRON PWE SET (NW) o [IOSfiNi OONp1ElE YOM111F]1T (ECw) PtirlAo I I I I I 1 1 1 1 1 1 1 I Lol 77 I a aaarn ~ Tamm ( 7 p,N eeeR 7119. 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PiO' CIS I oMe IIaM .a I ~__._'-. I Lot//FFe7 ' Nis4lde RIM _ __ __ ......_.. NMlar rllei. Peea i!7 9aN seat `ii1 • -x1 • ` „ • • Y IIIUI ~ ~ • • • +~ , ll n Fi I' + +I~ . . . .I + 1.0! 0e. I. . + • ie. + [1 14 + + • • r I (110 •~we<o-y roPO I tae a Lw psloo-0oeeor•ea, wia O~m~oosooe Iaal,Lt« I I e-b ` ~ ~L 3t LielN. ~ I+ 1 + •+ • Loy eel N J. fplM p1,/ 9ea4 IiOZ Pap 1]e Loi eN N!k pylarl GaNu 0110 O,N BM! Nil. PIN _c\ _._ LOT 7111 N/r '' p,M1a lwM IS mll~ P9N~0 LOT Ti RNyx OaN BsM IBN, PNI i17 ~ LO7 73 aiWIM (. rR01rx R. r 191 - p,N 4a4 N71 PWs ION~J Skeel Road 50.0' _R/11 (Public) wi 7e _._--LpTN ~ ~ lOn Ih 9sdr iM3. PN•rN7 \pua Lai IW ~ o..e e~eeLi/xeo. v~a91 su LOT eM L1s N~ PN15~ , ~ r 1 1 + fnD P flNe ~ 9wM 10K +N OM 7+je01~ .y,L 0.01= Re. + LOT 60n + . N/T 1 trlata' Control I Corner I PMGEL M ROJf10-O1M011-000 I 1 1 1 1 1 .EIP q„a iaaM 7J~y'P~ 111 lap.77T L _ I ~ I ~ Lor r N ~arafavs„ r. r I JWb w sM. ~ o.N Py~. ~le+, I I I I ~ I I 1 1 1 Scale: 1 "=200' 200' goo' o' Zoo' i-, ~~~~~ Tom Willis 322 At 350 Maeonbaro Loop Road YYNmhgton, North CarolMa 28409 Masonboro Lool1~/ Roac TapeN Tewfell+ New hafle9er Cwlq Ner1N Cseltle Boundary Survey & Wetland Delineation THE CLARK GROUP ~,1111n1,,,,,,, 8urveyirTl~ ~Ivleton (` SEAL Po eoxt~ wul~runr~ Nc 2d40A `~. ~r a PFL ~10:a03~3900 - FAX191Q402~75 ~ yQi* .~1Ii~~•'oP~ hi 7D g n'.Pr alaxnx,M` Impact Justification The proposed project has been designed avoid and minimize wetland impacts to the greatest extent possible. The project will result in 0.425 acres of permanent wetland impacts and 0.237 acres of temporary wetland impacts as a result of construction of the project's infrastructure. No wetland impacts will occur as a result of lot fill. Permanent Impacts from Infrastructure The proposed project will result in 0.448 acres of permanent impact to onsite wetlands. The majority of the proposed permanent impacts (0.414 acres) will occur as a result of construction of the access roads. New Hanover County is requiring the construction of the section of road which will connect Skeet Road and Beacon Drive in order to create an additional collector road within the surrounding development. Due to Wetland A being located entirely within the proposed ROW, impacts could not be avoided and Wetland A will be completely removed by construction of the connector road. In an effort to minimize impacts to Wetland B, the connector road was designed to curve along the outer edge of Wetland B as much as possible while still meeting the minimum curve radii allowed by NCDOT Standards. This design results in the avoidance of impacts to Wetland B to the greatest extent possible by impacting only the outer fringes of the wetland. The alternative design would have resulted in the road running straight through the wetland, creating additional wetland impacts by creating an isolated wetland pocket west of the road. Approximately 0.033 acres of permanent wetland impacts are proposed to Wetland D as a result of the construction of the eastern access road. These impacts are necessary for the back slopes needed to return road fill to existing grade. Permanent/Tem~orar~Impacts from Construction of Storm Overflow Drawdown System Due to the frequent flooding in the area, New Hanover County Engineering Department required provisions within the plans so that wetlands would not remain inundated for extended periods of time to help alleviate flooding problems within the area. In the existing condition, once the wetlands are saturated, surface water from a storm event naturally sheetflows over uplands. However, in the post-development condition the elevations of the surrounding development will prevent the wetlands from sheetflowing over uplands. The Storm Overflow Drawdown System has been designed to allow excess water to drain from the onsite wetlands following a storm event. This system will prevent over saturation of the onsite wetlands, which could result in the accumulation of surface water and an increased potential for flooding. The Storm Drawdown System has been designed to install drop inlets at the elevation of the 25yr, 24 hour storm event. The 25 yr, 24 hr storm was routed for each depressed area within the wetlands in which a drop inlet will be placed. The rims of the drop inlets are set at an elevation for the stage of the 25 yr, 24 hr. storm, see Sheet C-8. A small orifice (2" to 4") in each of the drop inlets will allow runoff to drain slowly over an extended period of time. The purpose of the design of the Storm Overflow Drawdown System is two-fold; (1) to provide flood prevention and (2) maintain the existing hydroperiod of the onsite wetlands. The design will allow the onsite wetlands to perform their natural function of absorbing and containing runoff to prevent flooding during storm events. Since the onsite wetlands will no longer be able to sheetflow over uplands, the discharge structures will allow the excess water to drain back into onsite ponds. By draining the surface waters over an extended period of time, the onsite wetlands' natural hydroperiod will be maintained without the potential for over-saturation. Without the discharge structures removing excess water, the onsite wetlands' hydroperiod could be significantly lengthened. The onsite wetlands consist of Carolina Bays which are saturated to the soil surface during the growing season, but are very rarely inundated. This is evidenced by a lack of biological indicators identifying frequent inundation, including a lack of herbaceous vegetation adapted to survive periods of inundation. Therefore, without the discharge structures, the hydrologic regime of the onsite wetlands would be significantly altered, resulting in a permanent alteration of the vegetative composition and habitat function of these wetlands. The discharge structures will be installed at the 25 yr, 24 hour storm event elevation (> 1.0 feet above natural grade), so that only surface water from storm/flood events is drained from the wetlands. The drop inlets will not drain stormwater from average rainfall events or ground water from the onsite wetlands. The construction of the Storm Overflow Drawdown System will result in 0.0008 acres of permanent wetland impacts and 0.237 acres of temporary impacts to Wetlands B and D. The permanent wetland impacts will occur from the installation of the drop inlets which allow excess stormwater to drain out of the wetland. The temporary impacts are needed to facilitate the installation of the drainage pipes, as well as allow a temporary work corridor during construction of the Storm Overflow Drawdown System. The piping will be entrenched into the wetlands, backfilled with original spoil and returned to natural grade. There will be no additional fill placed in this area. Upon completion of the installation of the drainage structures and piping, the temporary impact areas will be graded to natural grade to remove any ruts, and allowed to re-vegetate naturally through natural recruitment. Overall, wetland impacts have been avoided and minimized by minimizing impacts to those needed for infrastructure and flood prevention only. There will be no wetland impacts from lot fill. Wetland impacts have also be avoided and minimized by concentrating the majority of permanent impacts (0.391 acres) to Wetlands A and B, which are hydrologically isolated within the site, and have the lowest functional value as a result of historic site disturbance. There are no impacts proposed for Wetland C. Wetland impacts have further been minimized through the design of the connector road to meet minimum NCDOT curve radii, which moved the road to the outer edges of Wetland B. In order to prevent future impacts to onsite wetlands, restrictive covenant language will be incorporated into the Home Owners Association documents. A copy of the Corps standard Restrictive Covenant language, provided in the "Wilmington District Process for Preservation of Mitigation Property", dated November 25, 2003, has been provided as Appendix 3. Restrictive Covenant Language "The areas shown on the recorded plat (identify the plat by title, date, and recording data) as conservation areas shall be maintained in perpetuity in their natural or mitigated condition. No person or entity shall perform any of the following activities on such conservation area: a. fill, grade, excavate or perform any other land disturbing activities b. cut, mow, burn, remove, or harm any vegetation c. construct or place any roads, trails, walkways, buildings, mobile homes, signs, utility poles or towers, or any other permanent or temporary structures d. drain or otherwise disrupt or alter the hydrology or drainage ways of the conservation area e. dump or store soil, trash, or other waste f. graze or water animals, or use for any agricultural or horticultural purpose This covenant is intended to ensure continued compliance with the mitigation condition of a Clean Water Act authorization issued by the United States of America, U.S. Army Corps of Engineers, Wilmington District, Action ID (To be determined), and therefore may be enforced by the United States of America. This covenant is to run with the land, and shall be binding on the Owner, and all parties claiming under it." Y- o~stem . ~!~~ll.~ ~'1~1~~~1~ PROGRAM May 2l, 2007 Neal Andrews Masonboro Sound Development, LLC 3811 Peachtree Ave., Suite 300 Wilmington, NC 28403 Project: Laurenbridge County: New Hanover The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that the payment wilt be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these agencies to determine if payment to the NCEEP will be approved. This acceptance is valid for six months from the date of this letter and is nvt transferable. If we have not received a copy of the issued 404 Permit/401 Certification/CAMA permit within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the In Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www.nceep.net. Based on the information supplied by you the impacts that may require compensatory mitigation aze summarized in the followine table. Cape Fear 03030005 Stream (feet) Wetlands {acres) Buffer I (Sq. Ft.) Buffer [1 (Sq. Ft.) Cold Cool Warm Ri arian Non-Ri azian Coastal Mazsh Impacts 0 0 0 0 0.439 0 0 0 Credits 0 0 0 0 0.878 0 0 0 Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies require mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional mitigation, the applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998. If you have any questions or need additional information, please contact Kelly Williams at (919) ? 16-1921. Sincerely, ~j ~„"' ~~ ~' ' iam D. Gilmore, PE Director cc: Cyndi Karoly, Wetlands/401 Unit Jennifer Frye, USACE-Wilmington Noelle Lutheran, DWQ-Wilmington Troy Beasley, agent File ~.Pfit~"D!''t:K~... f ~ ... PYDt~~ OGGY StGrti°i ~CD~E~IR North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net